New York Court of Appeals

Mark Fisher, Appellants-Respondents v. Qualico Contracting Corp., Respondent-Appellant, Respondent

October 22, 200298 N.Y.2d 534

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the plaintiffs' insurance proceeds correspond to their real‑property loss and therefore must be offset under CPLR 4545(c). The court also affirmed that the defendants' liability apportionment and consequential damages were supported by the evidence and unpreserved challenges were meritless.